HOOSIER v. KELLY

1029 CA 19-00455.

178 A.D.3d 1385 (2019)

2019 NY Slip Op 09137

Michele Hoosier, Respondent, v. Joyce B. Kelly, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 20, 2019.


Attorney(s) appearing for the Case

LAW OFFICE OF JOHN WALLACE, BUFFALO ( ALYSON C. CULLITON OF COUNSEL), FOR DEFENDANT-APPELLANT.

CELLINO & BARNES, P.C., BUFFALO ( ELLEN B. STURM OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Peradotto, J.P., Carni, Lindley, NeMoyer and Troutman, JJ.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is granted in its entirety, and the complaint is dismissed.

Memorandum: Plaintiff commenced this action seeking damages for injuries that she allegedly sustained when the vehicle in which she was a passenger was rear-ended by a vehicle operated by defendant. Plaintiff alleged that, as a result of the motor vehicle accident, she sustained injuries...

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